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Performance-Based Services Acquisition Advanced Workshop

2008 Dates and Locations:

December 9-12
Marvin Conference Center
Washington, DC
REGISTER ONLINE

Registration Fee
$ 1,395

Daily Schedule
9:00a.m.-4:00p.m.
ending at 12:00 noon
on the last day

CLE Hours
This Course is Eligible for
19.25(60 minute)
23.10(50 minute)
More CLE Info

CPE Hours
This Course is Eligible for
23.0(CPE)
hours of credit.
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
More CPE Info

What contractors must know about the Incurred Cost Submission (ICS), including analysis of ICS Model Schedules, Contract Costs, and Rate Structures.

A hands-on advanced workshop on Performance-Based Services Acquisition designed to develop the skills of both agency and contractor professionals in preparing and responding to performance-based solicitations.

A skill-strengthening workshop on:

Performance-Based Acquisition (formerly Performance-Based Contracting) has been an important acquisition strategy for over 16 years. Although off to a slow start, federal agencies are now implementing Performance-Based Acquisition methods at an unprecedented rate in an effort to better align funds obligated with value received. This change will drastically affect the skills needed by agency procurement personnel and contractor proposal teams responding to solicitations for performance-based contracts. Contractor proposal strategies that have been successful in traditional procurements, may not be successful and could even be disadvantageous in a performance-based procurement.

This Advanced Workshop goes beyond the basic steps of Performance-Based Acquisition and develops the critical skills needed to achieve success in this new acquisition environment. Incorporating valuable lessons learned and best practices as a starting point, this Advanced Workshop includes several practical exercises specifically designed to develop and refine the expertise needed to master the most challenging aspects of Performance-Based Acquisitions. Attendees will learn how to identify performance standards and develop cost-effective metrics; how to allocate responsibility for quality control and quality assurance between the Government and the contractor; how to develop incentive plans that work; and how to effectively administer a performance-based contract.

Since a performance-based acquisition strategy will significantly impact the source selection process, the Advanced Workshop will also develop the skills needed to prepare and respond to a performance-based solicitation. We will discuss how to develop and weight evaluation factors and plan for (and participate in) oral presentations. Because contractors are often asked to prepare a Performance Work Statement (PWS) in response to a Government Statement of Objectives (SOO), the relationship of the technical proposal, PWS and SOO will be addressed.

A successful performance-based acquisition requires the integrated support of the entire procurement team and it is essential that all personnel involved in a performance-based procurement thoroughly understand the goals and procedures of the process. Therefore, this course would not only be beneficial for agency contracting personnel, but also contracting officer technical representatives (COTRs), quality assurance monitors, evaluators and program managers. It will also provide essential information for contractor personnel involved in preparing proposals and managing performance-based contracts.

The instructor for this course is Mr. Steven N. Tomanelli, owner of Steven N. Tomanelli & Associates, a legal services and acquisition consulting firm. In addition to being an experienced acquisition attorney and an outstanding instructor, Mr. Tomanelli’s work in support of both federal agencies and contractors ensures a balanced perspective.

The Course Curriculum

  1. Overview of Performance-Based Contracting
    1. Concept and Objectives of Performance-Based Contracting
    2. Statutory and Regulatory Framework
    3. Current Emphasis on Performance-Based Contracting
    4. Implementation Challenges
  2. Describing Tasks and Writing the Performance Work Statement
    1. Identify the Organizational Objective
    2. Describe the Requirement in Relation to the Objective
    3. Choosing Between a SOO and PWS
    4. How to Develop Performance Standards and Metrics
    5. How to Establish and Use the Acceptable Quality Level
  3. Development and Purpose of the Quality Assurance Surveillance Plan
    1. Steps in Preparing the Quality Assurance Plan
    2. Coordinating Risk With the Level of Surveillance
    3. Surveillance Methodologies
    4. Earned Value Management Systems
    5. Developing Schedules, Checklists, and Reports
    6. Benefits of Surveillance
  4. Development of Effective Incentives
    1. Types of Incentives
      1. The Predetermined, Formula-Type Incentives
        1. Fixed-Price Incentives (firm and successive targets)
        2. Cost-Plus-Incentive Fee
      2. The After-the-Fact (Award-Fee) Incentives
        1. Cost-Plus-Award Fee
        2. Fixed-Price-Award Fee
      3. The Share-in-Savings Incentive
      4. Award-Term
        1. Difference Between Award-Term and Award-Option
        2. Fiscal Law Issues and Solutions
        3. Design and Management
        4. Examples of Use by Federal Agencies
        5. Award-Purchase: An Award-Term Type Incentive for Supply Contracts
    2. The Development of Positive and Negative Incentives
    3. Use of Incentives in Commercial Item Contracts
    4. Planning for the Effective Use of Incentives
      1. Scalability of Performance
      2. Predictability and Certainty of Reward
      3. Marginal Value of Reward
      4. Writing Contract Language for Incentives
  5. Source Selection Techniques Applicable to Performance-Based Contracting
    1. Unique Aspects of Performance-Based Source Selections
    2. Key Elements of a Successful Source Selection
    3. The Critical Role of Market Research
    4. Performance-Based Requirements Definition
    5. Factor Development in Performance-Based Source Selections
    6. The Role of Oral Presentations in Performance-Based Selections
    7. Evaluation of Past Performance
    8. Effective Use of Exchanges With Offerors
    9. Making and Supporting the Award Decision
  6. Contractor Strategies in Performance-Based Contracting Source Selections
    1. How Performance-Based Source Selections Differ From Traditional Source Selections for Contractors
    2. Redefining “Best Value” in the Performance-Based Contracting Environment
    3. Responding to a Performance-Based Request for Proposal
    4. The Cost to Non-Cost Relationship
    5. The Significance of Factor Weights
    6. How to Write Performance-Based Contracting Proposals That Persuade
  7. Contract Administration Issues in Performance-Based Contracting
    1. Contract Administration Functions
    2. The Effect of Performance-Based Contracting on Risk Allocation
    3. The Role of the Changes Clause in Performance-Based Contracting
    4. Contract Performance Measurement Techniques
      1. Documenting Findings and Conclusions
      2. Communicating and Resolving Differences
      3. Managing the Effect of Contract Modifications
      4. Incorporating Incentive Results Into Past Performance Assessments
    5. Quality Assurance and Quality Control Under Performance-Based Contracts
    6. Operation of the Inspection Clauses
  8. Resources and Sources of Continuing Information

The Course Director

Steven N. Tomanelli is an attorney in the Washington, DC area specializing in government procurement law with the law firm of Wiley Rein LLP. Mr. Tomanelli provides legal services, training and consulting services in all aspects of government procurement and federal appropriations law. He teaches a broad variety of courses to government and contractor personnel, including contracting officers and technical staff, attorneys, financial mangers, contractor proposal teams, support staff and program office personnel. Courses include: Performance-Based Contracting, Task Order Contracting, Source Selection, Advanced Source Selection, Contract Disputes and Terminations, Introduction to Government Contracting, Past Performance Evaluation, Oral Presentations for Best Value Source Selections, Federal Appropriations Law, Commercial Item Acquisition, as well as courses tailored for the specific customer.

Mr. Tomanelli is a retired Air Force Judge Advocate and has held numerous high-level positions, including Chief of Acquisiton and Fiscal law for the Air Force’s Air Mobility Command and Senior DoD Counsel for the National Reconnaissance Office (NRO) in Chantilly, Virginia. He has provided consulting services and legal advice in support of highly classified major system acquisitions and has been a member of many source selection boards, advisory councils and “red teams.” He has also served as a Professor of Contract and Fiscal law at the Army Judge Advocate General’s School in Charlottesville, Virginia, where he provided instruction in a wide variety of procurement and fiscal law topics. In 2001, he was selected as “The Outstanding Career Judge Advocate of the Air Force.”

Mr. Tomanelli received his B.A. and J.D. at Hofstra University, and his Master of Laws in Federal Procurement Law at George Washington University. While earning his Master of Laws degree in Procurement, Mr. Tomanelli worked as an Intern at the Armed Services Board of Contract Appeals.

Mr. Tomanelli is one of the highest rated acquisition trainers in the country. He has authored over thirty course books and written numerous articles for national publications in federal procurement and fiscal law. He is a member of the New York and Florida Bars (Virginia admission pending), the National Contract Management Association and the Advisory Board of the Government Contractor (West Publishing).